Authorities shut down a child's stand selling ice cream for charity, but the move produced an unusual amount of money

Danny Doherty, 12, of Norwood, Mass., poses for a photo Wednesday, Aug. 21, 2024, in front of his home in Norwood, holding a letter from the Town of Norwood Board of Health warning his family that they cannot sell homemade ice cream at an ice cream stand near their home. (KeynoteUSA Photo/Steven Senne)

Bored and looking for something to do this summer, Danny Doherty comes up with a plan to raise money for his brother’s hockey team by selling homemade ice cream.

But a few days after setting up a stand and serving vanilla, shaved chocolate and creamy nuts to about 20 people, Danny’s family received a Letter from the Norwood Health Board ordering its closure. City officials had received a complaint and They said the 12-year-old’s plan violated the Massachusetts Food Code.a state regulation.

“I was shocked and upset,” she said of the letter that arrived Aug. 5. “I don’t understand why there are so many lemonade stands and they don’t close them.”

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Danny’s mother, Nancy Doherty, who had encouraged her son to start the position on the condition that will donate half of the profits to a charitywas also surprised.

“Someone complained. The most disappointing thing for us was that someone thought it necessary to complain about a child’s posture,” he said. “I thought it was a little bit, you know, crazy, if you ask me.”

In this Saturday, Aug. 10, 2024, file photo provided by Meghan Doherty, Ben Doherty, 12, of Braintree, Mass., left, stands with his cousin Danny Doherty, 12, of Norwood, Mass., right, near a table for donations to the Boston Bear Cubs hockey team, in Norwood. (Meghan Doherty via KeynoteUSA)

Instead of giving up, Danny decided to give away the ice cream and accept donations for the Boston Bear Cubs, a team that features players with physical and developmental disabilities, including his brother, who is autistic.

That’s when the neighborhood fundraiser exploded and became the talk of Norwood, a suburban town about an hour outside of Boston.

The first day they gave away the ice cream, they sold out in 10 minutes and raised $1,000. Then, word began to spread about the fundraiser and Danny’s showdown with the city. Local media published stories about the stand, prompting dozens of local businesses to organize their own fundraisers for the hockey team.

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Among them was Furlong’s Candies, which partnered with Boston radio station WWBX-FM to host a fundraiser in its parking lot. They raised $3,600 on a day when lines stretched out the door.

“Danny was trying to do something good for his brother’s team.“And it’s not your average hockey team,” said Nancy Thrasher, co-owner of the store. “They need a lot more equipment… We thought this was the perfect situation for us to get involved.”

Lori Talanian, right, director of corporate partnerships at Ira Cars, hugs John Quill, center, director and coach of the Boston Bear Cubs hockey team, Wednesday, Aug. 21, 2024, after her company presented the team with a $3,900 donation, at the Doherty family home in Norwood, Mass. (KeynoteUSA Photo/Michael Casey)

Thrasher said he understood why the booth had to be closed, but he still felt bad.

“My heart broke for the kid. He was just trying to do something good for his brother’s team,” she said.

Meanwhile, City officials said they received hate messages and death threats because of the dispute.which they suggested has been badly characterized in the media.

They argued that the family had sold their homemade ice cream before and even promoted it on social media. The letter, officials said, was only sent after the city received several complaints and unsuccessful attempts to contact the family, something the Dohertys deny.

“We had to deal with staff who were upset that they were being threatened. People had looked online and found their addresses simply by sending a letter after they had contacted someone and said, look, there’s a violation here,” said Tony Mazzucco, Norwood’s town manager. It’s the “first time in recent memory” that the town has shut down an ice cream stand, he said, adding that Massachusetts law allows things like lemonade stands and bake sales, but not homemade ice cream.

In this Saturday, Aug. 3, 2024, file photo provided by Nancy Doherty, Ben Doherty, of Braintree, Mass., left, and his cousin Danny Doherty, 12, of Norwood, Mass., right, sit at a homemade ice cream stand near Danny’s home in Norwood. (Nancy Doherty via KeynoteUSA)

Mazzucco also said that there was a “legitimate health concern” since homemade ice cream can be contaminated with listeria monocytogenes or other bacteria.

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Danny’s situation is not entirely unusual. Elsewhere, young people have also seen their lemonade stands or mobile bakery stalls shut down, often for not having a business or health permit. Several states have responded with measures to ease restrictions on such ventures.

Nancy Doherty said it was “distressing” learning that municipal employees had received threats. She said the family had never sold ice cream before, but acknowledged that Danny created an Instagram account to promote the stand.

“I am not angry with the city for responding to a complaint”“I’m shocked that anyone complained. This was a small operation. The fact that we served 20 friends, family and neighbors is not a public health action. That’s someone complaining for the sake of being a complainer.”

For Danny, all the attention has been a little disconcerting. “There were so many people and then they started chanting my name,” he said of the fundraiser at Furlong’s. “I didn’t like it, so I ran out. All the attention was on me and I didn’t like it.”

Nancy Thrasher, co-owner of Furlong’s Candies & Ice Cream, stands next to ice cream and toppings at the store, Wednesday, Aug. 21, 2024, in Norwood, Mass. (KeynoteUSA Photo/Michael Casey)

In the end, about $20,000 was raised for the hockey team, more than the club spends in an entire year. The injection of funds should ensure the club is on a “solid financial footing” for the next decade or more.

“We have been overwhelmed by the response from the community,” said John Quill, director and coach of the Boston Bear Cubs, as he accepted a check from a car group at the Doherty home.

“There are a lot of good people,” Quill added. “Danny inspired a lot of people to do good, to be kind and to help us.”

(with information from KeynoteUSA)

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